The correct option is 1 and 2 only.
Explanation
Article 21 of the Indian Constitution guarantees the Right to Life and Personal Liberty. It is one of the most significant Fundamental Rights and has been interpreted expansively by the judiciary to include various aspects of a dignified life. It applies to all persons, whether citizens or foreigners.
Statement-wise Analysis
- Statement 1 is Correct. Article 21 explicitly states: "No person shall be deprived of his life or personal liberty except according to procedure established by law." Since the term "person" includes "citizens," it is factually correct to state that no citizen can be denied their life except by procedure established by law. While the judicial interpretation post-Maneka Gandhi case (1978) requires the procedure to be "just, fair, and reasonable" (incorporating the essence of due process), the constitutional text retains the phrase "procedure established by law."
- Statement 2 is Correct. The Supreme Court, in the landmark judgment of Olga Tellis v. Bombay Municipal Corporation (1985), ruled that the "Right to Life" under Article 21 includes the "Right to Livelihood." The Court reasoned that no person can live without the means of living, i.e., the means of livelihood.
- Statement 3 is Incorrect. Fundamental Rights under Article 19 are suspended only during a National Emergency caused by war or external aggression (Article 358). The enforcement of other Fundamental Rights can be suspended by a Presidential Order under Article 359, with the specific exception of Articles 20 and 21. The 44th Constitutional Amendment Act (1978) ensured that Article 21 cannot be suspended even during a National Emergency. Furthermore, a Financial Emergency (Article 360) does not provide for the suspension of any Fundamental Rights.
Key Takeaway: Article 21 is available to all persons (citizens and aliens), encompasses the right to livelihood, and is absolute in the sense that its enforcement cannot be suspended during any type of emergency.